You can get help with a claim for benefits by reaching out to a Fort Worth long-term disability lawyer. At ERISA Insurance Claim Attorneys, we can help with every step of filing your long-term disability claim.
If you are eligible to move forward, we can handle the entire process, including negotiating a resolution or litigating your case in court. We have over 30 years of experience, and we’re ready to provide the dedicated assistance you need.
For a free case evaluation and legal consultation with an experienced Fort Worth insurance claims lawyer, please contact us online today.
Why Hire a Long-Term Disability Lawyer in Fort Worth?
Long-term disability claims can be extremely difficult to navigate on your own, due in part to insurance companies frequently trying to undervalue these claims or deny them outright.
We understand the importance of maximizing long-term disability benefits. We are not afraid to fight the insurance company and litigate your case in federal court if necessary. We can also explain the pros and cons of settling a long-term disability claim.
We understand the claims process and can provide the personalized support you deserve. We can walk you through each step you need to take to get the benefits you paid for. Take charge and get legal help today by reaching out to our firm.
For a free legal consultation with a long-term disability lawyer serving Fort Worth, call (225) 201-8311
When Do You Need to File a Long-Term Disability Claim?
Generally, you need to file a long-term disability claim under an Employee Retirement Income Security Act (ERISA) policy if you become unable to work for an extended period due to a medical condition. This condition can be physical, such as chronic pain, heart disease, or injury, or mental, such as depression or anxiety.
The claim process begins when you file for benefits after exhausting short-term disability coverage or immediately if long-term coverage is available.
Claims often arise when employees experience a significant decline in their ability to perform their job duties, leading to financial strain and the need for income replacement.
We can provide the legal support you need to handle a claim in this situation while explaining what happens when an employee goes on LTD.
Fort Worth Long-Term Disability Lawyer Near Me (225) 201-8311
Types of Long-Term Disability Insurance Benefits
When navigating a long-term disability (LTD) claim under an ERISA policy in Fort Worth, understanding the benefits you may recover is essential. These benefits can significantly affect your financial stability and quality of life during a challenging period.
Common benefits typically include:
Income Replacement
One of the primary benefits of an LTD claim is income replacement. Most ERISA policies provide a percentage of your pre-disability income – usually between 50 and 70 percent. This replacement income can help cover daily living expenses, such as:
- Rent or mortgage payments
- Utilities
- Groceries
These benefits ensure that you maintain your standard of living while unable to work.
Medical Benefits
Under many ERISA plans, you may also receive coverage for medical expenses related to your disability. Your benefits may cover the costs for necessary treatments, medications, and therapy.
Access to healthcare services can be vital for recovery, and these benefits help alleviate the financial burden associated with medical care.
Rehabilitation Services
Some policies offer benefits for rehabilitation services to help you regain your ability to work. These services may include physical therapy, vocational training, or counseling services.
These programs can support your return to the workforce, potentially allowing you to transition back to your job or explore new career opportunities that accommodate your disability.
Dependent Coverage
If you have dependents, specific ERISA policies may extend benefits to them as well. For example, they could get coverage for health insurance, which ensures that your family continues to receive medical care during your period of disability.
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Cost of Living Adjustments (COLA) and Long-Term Disability Benefits
Many ERISA policies include provisions for cost-of-living adjustments, which help your benefits keep pace with inflation. This feature is particularly important during long-term disability periods, ensuring your financial support remains adequate as living costs rise.
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Can You Appeal a Denied Long-Term Disability Benefits Claim?
ERISA policies also provide legal protection for claimants. If the company denies your claim, you have the right to appeal, and federal law allows you to pursue legal action against the plan if necessary.
This protection ensures you have recourse if you believe the company unjustly handled your claim.
When Can You Apply for Benefits?
LTD benefits under an ERISA policy provide essential financial support for individuals who can no longer work due to various medical conditions.
In Fort Worth, certain occurrences are more common and can lead to a long-term disability claim. You may file for benefits when dealing with:
Chronic Illnesses
Chronic conditions, such as heart disease, diabetes, and chronic obstructive pulmonary disease (COPD), often lead to long-term disability claims.
Managing these illnesses can require frequent medical appointments and ongoing treatment, making it difficult for individuals to maintain consistent employment. As the severity of these conditions increases, the likelihood of filing an LTD claim grows.
Mental Health Disorders
Mental health conditions, including depression, anxiety, and post-traumatic stress disorder (PTSD), are significant contributors to long-term disability claims.
These disorders can affect a person’s ability to concentrate, perform daily tasks, and interact with coworkers.
Accidents and Injuries
Workplace accidents and personal injuries frequently lead to long-term disabilities. Common incidents include falls, car accidents, and repetitive strain injuries.
These events can result in physical impairments, chronic pain, or even permanent disability, prompting individuals to seek LTD benefits.
Autoimmune Diseases
Conditions such as lupus, rheumatoid arthritis, and multiple sclerosis can severely affect a person’s ability to work. Autoimmune diseases often come with unpredictable symptoms, leading to fatigue, pain, and other debilitating effects that can make consistent employment challenging.
Musculoskeletal Disorders
Back pain, joint problems, and conditions like fibromyalgia may also lead to LTD claims. These musculoskeletal issues can be debilitating, affecting mobility and daily functioning and preventing individuals from performing their job duties effectively.
Recovery from Major Surgery
Major surgeries, such as hip or knee replacements, cancer surgeries, or spinal surgery, often require extended recovery periods. During this time, individuals may be unable to work, leading them to file for LTD benefits to support themselves and their families.
How We Can Handle Your Disability Claim
When making an LTD claim under an ERISA policy in Fort Worth, Texas, several key legal elements need to be proven to have a successful claim and recover the full benefits you need. To receive LTD benefits, we’ll need to demonstrate all of the following:
You Have Coverage
First, we must show that your employer’s ERISA policy covers you. We must demonstrate that you are a participant in the plan and that the plan was in place at the time your disability began.
You Are Disabled
The most important part of the claim is proving that you have a disability according to the policy’s definition. Each policy may define “disability” differently, but typically, it means you cannot perform the duties of your job – or, in some cases, any job – due to a medical condition.
We will need medical evidence, such as doctors’ reports, test results, and other documentation, to prove your condition.
Medical Treatment Compliance
We must also show that you are following the prescribed medical treatment for your condition. Insurance companies may deny claims if they believe you are not cooperating with doctors or getting necessary therapies.
Proof of Loss
A Fort Worth long-term disability attorney must also provide evidence that your disability has caused you a loss of income or prevented you from earning a living. We may gather pay stubs, employment records, or statements from your employer.
Note that we must file your LTD claim within the deadlines established under your ERISA policy. Missing deadlines can result in a claim denial, no matter how valid your case is. If the company denies your claim, you have the right to appeal the decision.
Still, you must follow the procedures outlined in the plan, which can include submitting additional medical evidence or other supporting documents. We can satisfy these legal elements so that you can recover the disability benefits you deserve.
We Can Handle the Insurance Company for Your Disability Insurance Claim
Fighting the insurance company in an LTD claim under an ERISA policy can be a very complicated process. There are several effective strategies we can use to strengthen your case and advocate for your rights. We can:
Thoroughly Review the Policy
First, we will carefully analyze your ERISA policy to understand its terms, definitions of disability, and coverage limits. This knowledge will help us identify any potential weaknesses in the insurance company’s arguments and ensure we meet all requirements.
Collect Thorough Medical Evidence
Gathering extensive medical documentation is vital for your disability claim. We will work with your healthcare providers to obtain thorough records demonstrating the severity of your condition and its effect on your ability to work. We need information about your diagnosis, treatment history, and any relevant test results.
Obtain Expert Opinions
Sometimes, we may need to consult with medical experts who can provide additional evaluations and opinions regarding your disability. Their insights can be pivotal in supporting your claim and countering any skepticism from the insurance company.
Document Everything
A long-term disability lawyer in Fort Worth will meticulously keep records of all communications with the insurance company. We may document phone calls, emails, and letters.
Having a detailed account will help us identify any inconsistencies or unfair practices by the insurance company.
File Appeals When Necessary
If the company denies your claim, we can file a strong administrative appeal with the insurance company. We will gather new evidence and address the reasons for the denial, ensuring we submit your appeal within the designated time frame.
By using these strategies, we can effectively fight for your long-term disability benefits under your ERISA policy, protecting your rights throughout the process.
Remember, a long-term disability denial is not the end of the road.
We Can Litigate a Long-Term Disability Insurance Claim in Fort Worth Successfully
Litigating an LTD claim under an ERISA policy in Fort Worth involves several strategic steps to ensure that your rights are protected – and that you receive the benefits you deserve. Our team can:
Give You an Overall Case Assessment
We will begin by thoroughly evaluating your disability case, including the details of your ERISA policy, the reasons for any claim denial, and all of the available medical documentation.
This assessment helps your Fort Worth long-term disability attorney understand the strengths and weaknesses of your claim and formulate a targeted litigation strategy for the court.
Gather Evidence
A key part of litigation is presenting compelling evidence. We will work to compile comprehensive medical records, treatment histories, and expert medical opinions that illustrate the severity of your disability. This evidence will support your case by showing how your condition affects your ability to work.
Gathering evidence is part of effectively applying for long-term disability insurance.
Filing Your Lawsuit
If ongoing settlement negotiations with the insurance company fail, we can file a lawsuit in federal court. ERISA cases go forward in the federal court system because ERISA is a federal statute.
We will draft and submit all necessary legal documents, ensuring they comply with ERISA regulations and deadlines.
In most cases, ERISA litigation does not involve a discovery process. Rather, the appeal record serves as the record that a judge will consider in court.
Represent You in Court
If your case requires any type of court hearing, we will represent you and your interests. In most instances, we resolve ERISA cases via summary judgment rather than trial. Therefore, a federal judge – rather than a jury – will ultimately determine your eligibility for LTD benefits based on motion practice.
A long-term disability attorney in Fort Worth will present your case to the judge, argue on your behalf, and advocate for your right to the benefits you deserve under the ERISA policy.
Using these strategies, we can effectively litigate your long-term disability claim as we strive to achieve a favorable outcome for you.
Talk to Our Fort Worth Long-Term Disability Lawyers About Your Claim
At ERISA Insurance Claim Attorneys, we can handle every step of the process for you to maximize the LTD benefits you receive. We can also litigate your case to a resolution in court if the insurance company refuses to treat you fairly and offer you the benefits you deserve.
Our team of attorneys has a proven track record of success in handling long-term disability insurance cases in Fort Worth. We have helped numerous clients secure the benefits they need, allowing them to focus on their recovery. Get help understanding long-term disability insurance from our team.
For a free case evaluation and legal consultation with a knowledgeable Fort Worth long-term disability insurance lawyer, please contact us to learn more right away.
Call or text (225) 201-8311 or complete a Free Case Evaluation form